Virtual Visitation: Part 2 – Legal Aspects

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In the second part of a two part series, Attorney Robert Mues looks at the legal aspects of Virtual Visitation.

visit2.jpgOhio Revised Code Section 3109.051(A) provides, in part, that, “Whenever possible, the order or decree permitting the parenting time shall ensure the opportunity for both parents to have frequent and continuing contact with the child, unless frequent and continuing contact by either parent with the child would not be in the best interest of the child.” In 2006, a bill was introduced in the Ohio Senate to allow Juvenile or Domestic Relations Courts to grant a reasonable amount of “electronic communication” between a parent and a child so long as the electronic communication was in the child’s best interest and the equipment was readily available. In Senate Bill 341, electronic communications was defined as “communication facilitated by the use of methods of communication such as the telephone, electronic mail, instant messaging, video conferencing, or other wired or wireless technologies via the internet, or another medium of communication that allows a party who has been granted parenting time, companionship, or visitation rights to communicate with a child during … Read More... “Virtual Visitation: Part 2 – Legal Aspects”

Virtual Visitation: Part 1 – Utilizing Technology to Supplement Parenting Time

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In the first of a two part series, Attorney Robert Mues examines Virtual Visitation and the different options a divorced parent can use to communicate with their children. Part 1 – Utilizing Technology to Supplement Parenting Time.

visit1.jpgNot too long ago, divorced parents had limited communication options to stay in touch with their children.  The old rushed and often dry “phone call approach” was better than nothing but had drawbacks.  There were long distance phone charges and issues with time zones.  New communication options have improved considerably! It is much easier for you to keep in touch with your children after a divorce.  Most of these approaches require both parents to have a computer with broadband connections.  Here are some options to supplement traditional face to face parenting time:

Cell Phones: Many companies are selling cell phones designed specifically for kids which feature built in parental controls to restrict incoming and outgoing calls or text messages.  Check out firefly mobile, LG Migo from Verizon Wireless and Kajeet (), which also includes a GPS phone locator service allowing a parent to find out where the phone is at … Read More... “Virtual Visitation: Part 1 – Utilizing Technology to Supplement Parenting Time”

Feeling Guilty About Your Divorce?

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guilt.jpgNo doubt, guilt is a big issue for many people going through a divorce.  I came across an interesting article on the subject at Divorce Transitions.  The author has opined that there are two separate stages:

Shock

We tend to think of “shock” as being sudden.  But the dictionary tells us it can be “a disturbance in the equilibrium or permanence of something” or “a sudden or violent mental or emotional disturbance.”  Therapists confirm that shock need not have the suddenness of a lightning bolt.  You may have known for some time that your marriage was in trouble, but the final realization of the loss may still create a sense of shock.

Among the most common symptoms are extreme disorientation, numbness, difficulty with short-term memory, physical distress, and/or confusion.  As part of denial, the divorce-bound person may seek refuge in fantasy.  “He’s going to come in the front door this evening, and everything will be just like its always been.”  There’s comfort in the familiar. Denial provides a necessary buffer zone in which the unconscious prepares itself for the massive change ahead.

Guilt

Although both spouses … Read More... “Feeling Guilty About Your Divorce?”

The Conciliation Process In Montgomery County, Ohio

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recon.jpgOhio Revised Code (“ORC”) Sections 3117.01 through 3117.08 are the specific statutes governing the conciliation process in the State of Ohio. Black’s Law Dictionary reflects that the word “conciliation” is derived from French law wherein it was/is the formality to which intending litigants are subjected in cases brought before a Judge. The Judge convenes the parties and endeavors to reconcile them. Should the Judge not succeed, the case proceeds to trial.

In the Domestic Relations Court of Montgomery County, Galen Curry is the person who is “in charge” of the conciliation process. On Thursday, November 6, 2008, I had the opportunity to meet with Galen Curry to learn about his role in a conciliation proceeding. Ohio Revised Code Section 3117.03 provides for the appointment of one or more conciliation counselors in counties having a population over one hundred thousand according to the latest federal census.

As the conciliation counselor, Galen Curry does the following:

A.

Confers with parties involved with each conciliation proceeding and makes recommendations to the assigned conciliation judge.  (In Montgomery County, Ohio, Judge Denise Cross and Judge Judith King are the conciliation judges.)

B.… Read More... “The Conciliation Process In Montgomery County, Ohio”

Divorce And Insurance Policies: What Divorce Attorneys Need To Know To Protect Their Clients

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bwilson.jpgYou may not be aware that, years after you have prepared a separation agreement, it may have a direct bearing on whether your clients are covered under their auto or homeowners’ insurance policies in a variety of accident scenarios.

Here’s a typical scenario. Months or years after Mom and Dad are divorced, one of them hands the car keys to “Junior,” who negligently wrecks the car and injures another motorist. One or both parents, thinking that Junior is covered under their auto policy, turn the claim into their insurer, only to be shocked that the insurance company denies the claim.

There are two principal reasons why the claim might be denied: Junior is not a “named insured” or a “resident relative” under the policy. If the denial holds water, Junior and perhaps his parents may be exposed to personal liability, and the distinct prospect of bankruptcy. The question is: Is there anything the divorce attorney can do to ensure or increase the likelihood that minor children will be covered in a future accident under one or both parents’ insurance policies?

This accident scenario has been frequently litigated. … Read More... “Divorce And Insurance Policies: What Divorce Attorneys Need To Know To Protect Their Clients”

Ho! Ho! Ho! Holiday Ramblings from the Publisher . . .

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I want to wish everyone a most joyous holiday season!

hoho.jpgThis is an appropriate time to reflect upon memories of past Christmas celebrations and traditions. In our family, we were very involved with a Christmas project providing gifts for needy children for many years while our sons were growing up. As a family, we spent countless hours working at the Center. We have tried to instill upon our family the importance of sharing and helping others. It is too easy this time of year to become consumed by all the shopping, decorating, numerous errands and superficial things. Focus can be lost on real matters of consequence, such as the meaning and importance of family. Regardless of one’s religious convictions, this is an excellent time to reflect upon our core values and aspire to do what we each can to make the lives of others around us better, even if it is in some small seemingly insignificant way.

Family issues are obviously important, both personally and professionally. Much of my professional life is spent with clients discussing family and marital issues. In my conferences with clients, I often … Read More... “Ho! Ho! Ho! Holiday Ramblings from the Publisher . . .”

Is Money Really the Root of all Evil?

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Aaron Hill is a third year student at the University of Dayton School of Law, externing at Holzfaster, Cecil, McKnight & Mues.

moneyroot.jpgHave you discussed with your significant other how the household finances will be managed? This is an often overlooked question that newlyweds fail to discuss. Among other reasons, “money problems” are cited as one of the leading reasons for divorce. It is, therefore, paramount for couples to share a similar outlook on money matters before they get married.

Communication and Compromise are the Key

Communication and compromise are the keys to any successful relationship. Couples who discuss what their financial goals and responsibilities are before they get married are starting their marriage on the right foot. It is crucial for the couples to sit down and communicate both long and short term goals. Short term goals include who is going to be responsible for paying the bills, handling the investments, or whether to establish joint banking accounts. Long term goals can include having children and how many, when to retire, and what kind of lifestyle to lead. When couples communicate these long and short term … Read More... “Is Money Really the Root of all Evil?”

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